Prosecutor Seeks To Block Pot Law In Case

[Hempcheff]

http://www.livingstondaily.com/article/20120222/NEWS01/202220311

 

A Livingston County judge will consider the prosecutor's request to stop four people from using the medical marijuana law as a defense in their criminal case.

 

According to court documents, the prosecutor's office wants Judge Michael Hatty to preclude the four defendants charged in connection to raids on the now-defunct Marshall Alternatives medical marijuana dispensary from using the Michigan Medical Marihuana Act as a defense.

 

The prosecutor's office also want to preclude "all references" to medical marijuana during the trial.

 

Hatty will consider the motion March 12.

 

Marshall Alternatives owners Christi Marshall, 39, and Alan Dale Marshall, 39, along with employee Stephanie Lynn Baxter, 30, of Howell, were charged with delivering marijuana for allegedly selling the drug to an undercover narcotics officer who posed as a card-carrying medical marijuana patient in February and May of last year.

 

April Sundie Smith, 44, of Pinckney, also is charged with possession of marijuana with intent to deliver in connection to the Marshall Alternatives raids.

 

The prosecutor's office argued that to use the immunity section of the state law, the defendants must prove they are "primary caregivers" who have been authorized under the state's registry to provide marijuana for medicinal purposes to the person receiving the marijuana, according to court documents.

 

The undercover officer's medical marijuana card did not provide a caregiver designation.

 

The prosecutor argued that the law does not permit patient-to-patient sales of marijuana.

 

The defendants' attorneys had not filed a response as of Friday.

 

Contact Daily Press & Argus reporter Lisa Roose-Church at (517) 552-2846 or at lrchurch@gannett.com.

[bobandtorey]

http://www.livingsto...EWS01/202220311

A Livingston County judge will consider the prosecutor's request to stop four people from using the medical marijuana law as a defense in their criminal case.

According to court documents, the prosecutor's office wants Judge Michael Hatty to preclude the four defendants charged in connection to raids on the now-defunct Marshall Alternatives medical marijuana dispensary from using the Michigan Medical Marihuana Act as a defense.

The prosecutor's office also want to preclude "all references" to medical marijuana during the trial.

Hatty will consider the motion March 12.Marshall Alternatives owners Christi Marshall, 39, and Alan Dale Marshall, 39, along with employee Stephanie Lynn Baxter, 30, of Howell, were charged with delivering marijuana for allegedly selling the drug to an undercover narcotics officer who posed as a card-carrying medical marijuana patient in February and May of last year.

April Sundie Smith, 44, of Pinckney, also is charged with possession of marijuana with intent to deliver in connection to the Marshall Alternatives raids.

The prosecutor's office argued that to use the immunity section of the state law, the defendants must prove they are "primary caregivers" who have been authorized under the state's registry to provide marijuana for medicinal purposes to the person receiving the marijuana, according to court documents.

The undercover officer's medical marijuana card did not provide a caregiver designation.

The prosecutor argued that the law does not permit patient-to-patient sales of marijuana.The defendants' attorneys had not filed a response as of Friday.

Contact Daily Press & Argus reporter Lisa Roose-Church at (517) 552-2846

[Fat Freddy]

As I understand it the Michigan medical marijuana law provides for transfers. I recall no place in the MMMA stating anything about sales.

[Hempcheff]

at present, p2p transfers are allowed, but not for any type of compensation

As I understand it the Michigan medical marijuana law provides for transfers. I recall no place in the MMMA stating anything about sales.

[bobandtorey]

at present, p2p transfers are allowed, but not for any type of compensation

 

that may be true just one thing more to add

 

Don't Get Caught

[Croppled1]

Livingston and Wasthenaw County are tied by task forces . Ann Arbor has extra protections but it is truly scary . Caregivers are the backbone of the program and supply was how they killed the 1979 Michigan medical cannabis initiative . I met my first true Michigan medical cannabis patient in 1981 . . A very nice man it was a pleasure to know .

 

I really am afraid for these defendents . It has been said before people are assuming guilt based on accusation . It seems wrong for people to have to go to jail over trying to provide legal access that is despertly needed . A 30 year old patient just manning the counter and happy to have a job while on the program - really is felony prosecution necessary ? It is amazing how those enforcing prohibitionist policy have no regrets .

 

I hope our legislators support the Farmers Market that truly is the best way . However there are specific benefits dispensaries in towns with major cancer centers and hospitals like Ann Arbor require . They need a legal way to ship cannabis around thats innexpensive too .

 

Thank you to everyone that becomes a caregiver make sure you understand the risks . The State won't help you comprehend the Act but many representing the State yet against the initiative will try to harm you and make practical participation and necessary activities impossible to do legally . Nobody can have non interupted supply through one person only and feel safe to much can happen .

 

Background information on the case found on the net .

 

 

http://www.eilerpr.c...l%204=12=11.pdf

[bobandtorey]

Livingston and Wasthenaw County are tied by task forces . Ann Arbor has extra protections but it is truly scary . Caregivers are the backbone of the program and supply was how they killed the 1979 Michigan medical cannabis initiative . I met my first true Michigan medical cannabis patient in 1981 . . A very nice man it was a pleasure to know .

 

I really am afraid for these defendents . It has been said before people are assuming guilt based on accusation . It seems wrong for people to have to go to jail over trying to provide legal access that is despertly needed . A 30 year old patient just manning the counter and happy to have a job while on the program - really is felony prosecution necessary ? It is amazing how those enforcing prohibitionist policy have no regrets .

 

I hope our legislators support the Farmers Market that truly is the best way . However there are specific benefits dispensaries in towns with major cancer centers and hospitals like Ann Arbor require . They need a legal way to ship cannabis around thats innexpensive too .

 

Thank you to everyone that becomes a caregiver make sure you understand the risks . The State won't help you comprehend the Act but many representing the State yet against the initiative will try to harm you and make practical participation and necessary activities impossible to do legally . Nobody can have non interupted supply through one person only and feel safe to much can happen .

 

Background information on the case found on the net .

 

 

http://www.eilerpr.c...l%204=12=11.pdf

 

yes i do feel sorry for them and for all the new people that are now about to get their first card and they don't even know what is going to happen to them if they get caught it will only go as don't take the plea and pay your Lawyer for as long as you can and then take the plea if up to you ether way you lose